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  • Part Two of a Two-Part Article

    In Part One, we discussed the public concern over unfairness in asset forfeiture and analyzed the Supreme Court case — United States v. Bajakajian — that looked to the Excessive Fines Clause to limit the government's authority to forfeit property. In Part Two, we consider possible reforms that would allow defendants to challenge forfeitures as disproportionate under a fairer and more appropriate analysis.

    June 01, 2018Harry Sandick, Daniel Ruzumna and Jacqueline Bonneau
  • She's Not a Third-Party Beneficiary

    June 01, 2018ssalkin
  • Merger Defeats Single and Separate Ownership Claim
    Failure to Refer to County Planning Board Invalidates Grant of Area Variance
    Denial of Natural Resources Special Permit Upheld
    Village Ratifies Extension of Lease to Cell Phone Provider

    June 01, 2018ssalkin
  • Federal Circuit Holds USPTO Can Defend PTAB Decision After Original Petitioner Drops Out
    Federal Circuit Says Alice Not Intervening Change

    June 01, 2018Howard Shire and Adam B. Fischer
  • Brief Use of Graffiti Art in HBO's Vinyl Show Found De Minimis
    Chinese Film Company Subject to Personal Jurisdiction in Location Security Company's Colorado Lawsuit

    June 01, 2018Stan Soocher
  • Interest on Loan Tolled When Mortgagee Delayed In Filing Request for Judicial Intervention
    Court Dismisses Tortious Interference Claim By Holder of First Refusal
    Easement Enforceable Despite City Register's Failure to Index the Easement Against Newly Created Lot

    June 01, 2018ssalkin
  • Liquidated Damages Provision Not an Unenforceable Penalty
    Occupant Established Succession Right Despite Absence of Sexual or Blood Relationship
    Rent Stabilization Provision Lost When Tenant Executed Lease In Corporate Name
    Predecessor Landlord Waived Prohibition on Subleases and Assignments

    June 01, 2018ssalkin